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Prosecutorial Involvement in Exoneration

Rachel Bowman, Jon Gould
2020 The Wrongful Conviction Law Review  
Finally, we encourage states to adopt formal legal regulations to guide prosecutorial behavior in response to post-conviction claims of innocence.  ...  However, less is known about how the local court context may relate to prosecutors' decisions to engage in wrongful conviction investigations.  ...  Case-Factors Model By first examining the case-factors model, we see that a number of factors are statistically significant predictors of type of prosecutorial involvement in an exoneration.  ... 
doi:10.29173/wclawr4 fatcat:opxzny5zzbfofp24634ncv3ywm

Expanding the scope of sentencing research: Determinants of juvenile and adult punishment in the Netherlands

Hilde Wermink, Brian D. Johnson, Paul Nieuwbeerta, Jan W. de Keijser
2015 European Journal of Criminology  
Results indicate that offense, case-processing and criminal history characteristics weigh heavily in prosecutorial and judicial decision-making.  ...  Largely separate research literatures have developed around juvenile and adult sentencing decisions, and few studies examine both prosecutorial and judicial punishment outcomes.  ...  Examining the juvenile model, there was no statistical evidence that younger juveniles were significantly less likely to be incarcerated compared with older juveniles.  ... 
doi:10.1177/1477370815597253 fatcat:7umgowcgdrhe3o2nc3cjjmzgxq

Selective Prosecution and the Federalization of Criminal Law: The Need for Meaningful Judicial Review of Prosecutorial Discretion

Robert Heller
1997 University of Pennsylvania law review  
THE PROSECUTOR AS FIDUCIARY: A MODEL FOR MEANINGFUL REVIEW OF PROSECUTORIAL DISCRETION 143 Seeking a working model for meaningful review of prosecutorial discretion requires an examination of analogous  ...  Although there is no explicit corresponding prohibition on the federal government in the Constitution, the Supreme Court has interpreted the Due Process Clause of the Fifth Amendment as containing an "  ...  Until a model is established that provides for meaningful judicial review of prosecutorial discretion in the selective prosecution context, as the fiduciary model does, perhaps it will take "[a] nother  ... 
doi:10.2307/3312667 fatcat:z2pavgmy7rajdfuwuubk32nyhu

The Reality of Prosecutorial Discretion: Comments on a German Monograph

Mirjan Damaska
1981 The American journal of comparative law  
I The book opens with a conceptual prelude discussing the modern interpretation of two principles constructed by continental scholars as alternative models for the charging process.  ...  differently interpreted.  ... 
doi:10.2307/839976 fatcat:pgznx5aaxzbs3kjk27oetdhhom

The Exercise and Control of Prosecutorial Discretion in Japan

Marcia E. Goodman
1986 UCLA Pacific Basin law journal  
hierarchies, Mirjan Dama~ka has constructed a "hierarchical model" which emphasizes certainty of decision-making. 2 2 In this model, importance is placed on making rules so concrete that an individual's  ...  populace, in spite of the Office's refusal to clarify its decision-making models publicly.  ... 
doi:10.5070/p851-2021932 fatcat:tujizvfub5dg5dpemjg6v5oi3i

Prosecutorial Charging Decisions in Sexual Assault Cases: Examining the Impact of a Specialized Prosecution Unit

Dawn Beichner, Cassia Spohn
2005 Criminal Justice Policy Review  
In this study, the authors examine prosecutorial charging decisions across two unique jurisdictions: Kansas City, Missouri, which utilizes a specialized unit for sexual assault cases, and Miami, Florida  ...  , which does not use a specialized unit to determine the effect of prosecutorial specialization on case outcomes.  ...  of prosecutorial decision making.  ... 
doi:10.1177/0887403405277195 fatcat:r4bkzw7gova4pazzpmkj3ffesu

Seek Justice, Not Just Deportation: How to Improve Prosecutorial Discretion in Immigration Law

Erin B. Corcoran
2014 Social Science Research Network  
to seek justice when designing an effective model for ICE trial attorneys.  ...  An interpretative rule clarifies or explains the meaning of words used in a statute, a previous agency rule, or a judicial or agency adjudicative decision.  ... 
doi:10.2139/ssrn.2414031 fatcat:m3xclerkzvcvdgcjz676c5zq7m

Recasting Prosecutorial Discretion

Robert L. Misner
1996 Journal of criminal law & criminology  
On the other hand, Professor Packer's crime control model, which appears to be the guiding force behind most prosecutorial decisions, always runs the risk that individual justice may receive short shrift  ...  In May 1962, the American Law Institute approved the final draft of the Model Penal Code. 1 98 The intent of the drafters was to produce a model code which would serve as a comprehensive guide for drafting  ... 
doi:10.2307/1143936 fatcat:fjvhqufahbbtdjktpwb3w2zame

Race Effects in Juvenile Justice Decision-Making: Findings of a Statewide Analysis

Donna M. Bishop, Charles E. Frazier
1996 Journal of criminal law & criminology  
Panel Four presents model estimates for the prosecutorial referral stage.  ...  Note, for example, that race had no direct effect on prosecutorial filing decisions, and that both prosecutorial filing decisions and judicial dispositional decisions to incarcerate were influenced by  ... 
doi:10.2307/1144031 fatcat:oi6b2kn2rbecvkdi3h4l6zvtzm

Do State Policies Matter in Prosecutor-Reported Juvenile Marijuana Case Disposition?

Yvonne M. Terry-McElrath, Jamie F. Chriqui, Hannalori Bates, Duane C. McBride
2009 Crime and delinquency  
This article examines outcomes for first-time juvenile marijuana possession offenders based on relationships between state policy and local prosecutor self-reported decision making.  ...  State statutory policy appears to play a significant role among the legal, resource, and extralegal factors that affect prosecutorial discretion regarding juvenile substance offenders.  ...  Declaration of Conflicting Interest The author(s) declared no conflicts of interest with respect to the authorship and/or publication of this article.  ... 
doi:10.1177/0011128709348457 fatcat:jtn6i5n37bajpirmevfr7vu6ma

Judicial Power to Regulate Plea Bargaining

Darryl K. Brown
2016 Social Science Research Network  
By contrast, English courtsbased on both common law and legislationretain some power to review such decisions.  ...  Supreme Court decisions began to shut down any constitutional basis for judicial supervision of plea negotiations or agreements.  ...  State criminal justice systems overwhelmingly follow the federal model on separation of powers and treat most aspects of prosecutorial decision making as an executive activity immune from judicial interference  ... 
doi:10.2139/ssrn.2719909 fatcat:6lnbjauyxfdbpcxwuohpdfwgdm

The Professional Discipline of Prosecutors

Fred C. Zacharias
2000 Social Science Research Network  
Ideally, one could simply interpret statistics collected by the various disciplinary agencies.  ...  Thus, for example, while Model Rule 1.13 requires lawyers for organizations, including government attorneys, to "go up the ladder" with respect to certain organizational decisions with which they disagree  ... 
doi:10.2139/ssrn.242167 fatcat:74qo4mwcx5bvjaz57my5q7lxni

The Prosecution of State-Level Human Trafficking Cases in the United States

2016 Anti-Trafficking Review  
Guided by the notion that prosecutors seek to avoid uncertainty when making decisions to pursue criminal prosecution, we explore how human trafficking crimes are indicted under these newly defined state  ...  Using a sample of cases from twelve US counties and interviews with police, prosecutors and court personnel, we examine the factors that influence the decision to prosecute crimes investigated as human  ...  In line with research on prosecutorial charging decisions for other sensitive crimes, we found numerous 'extralegal sources of uncertainty' 37 that reduced the likelihood of a human trafficking charge.  ... 
doi:10.14197/atr.20121664 fatcat:og75xb4xn5f4dppb4c7l3v33zm

Can an Ethical Person be an Ethical Prosecutor? A Social Cognitive Approach to Systemic Reform

Lawton P. Cummings
2010 Social Science Research Network  
Such statistics could be explained in public information campaigns in an effort to increase reliance upon such statistics in prosecutorial elections.  ...  Bem, Self-Perception: An Alternative Interpretation of Cognitive Dissonance Phenomena, 74 PSYCHOL. REV. 183, 187 (1967).  ... 
doi:10.2139/ssrn.1476947 fatcat:wfilkqguerdiha7nkxilm7ggym

Prosecutorial Discretion and the Death Penalty: An Integral Perspective

Champion
2013 International Journal of Criminology and Sociology  
Capital punishment represents the ultimate power of the state over its citizenry, and the decision to take the life of an offender is fraught with moral complexity.  ...  surrounding this decision-making process.  ...  The current work seeks to address this gap through discussion of aspects of prosecutorial decision-making and the death penalty through the theoretical lens of Wilber's Integral model.  ... 
doi:10.6000/1929-4409.2013.02.39 fatcat:bnicqdd3zvecrckvlhjh2qi3zm
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